Notarial curatorship in the context of second marriages: legal and social implications of its regulation in Ecuador

Abstract

In this research, entitled "Notarial Guardianship in the Context of Remarriage: Legal and Social Implications of its Regulation in Ecuador," the legal and social implications of implementing notarial guardianship as an alternative to judicial procedures within the framework of family law were analyzed. In this regard, the central question posed was: What is the feasibility of legally regulating notarial guardianship in the right to marriage and in the protection of the property rights of minor children in remarriage in Ecuador? Therefore, the objective is to identify the effects of this measure on legal security, the rights of minors, and the efficiency of the judicial system. The main points of analysis were: (1) the current regulatory framework in Ecuador on guardianship in second marriages, (2) the legal and administrative obstacles faced by marriage when there are minor children, (3) the speed and economy of the process as guiding principles of notarial law, (4) the impact of notarial guardianship on the protection of the assets of minors, and (5) the social and economic implications of this measure. The methodology used was qualitative, based on documentary analysis of national and international regulations through the analytical method. The results indicated that notarial guardianship makes it possible to streamline matrimonial procedures without compromising the asset security of minors, guaranteeing their protection without the need for prolonged and costly judicial processes. In addition to the above, its implementation would contribute to reducing congestion in the judicial system, optimizing the use of resources and promoting effective access to the right to marriage. It is concluded that regulating notarial guardianship in second marriages would represent a viable and balanced solution to harmonize the principles of child protection and procedural expeditiousness in Ecuador.